Parent 2: “I believe that it is a freedom of choice that each child should do as they were brought up.”

But the school district took a different stance.

According to the federal complaint, the homeroom teacher told the student that her failure to stand during the Pledge of Allegiance showed great disrespect to the men and women in the service dying overseas.

This matter reached the highest levels of the school district where the student was told she would have to serve lunchroom detention and two days of suspension.

Davis, the school district solicitor, says he is fully aware of U.S. Supreme Court cases protecting a student’s right not to say the pledge.

“I can assure you that moving forward that we’re going to protect her constitutional right to sit, if that’s her choice, during the Pledge of Allegiance. And if it’s her choice, no one will interfere with that and we’re going to protect her right to do that.”

Davis says that the student will not be made to serve any detention or suspension.

Since a famous Supreme Court case nearly 70 years ago, students have not been required to recite the Pledge of Allegiance.

Davis says the school district and the ACLU, on behalf of the student, are likely to reach a consent agreement.

Jon Delano is a familiar face on KDKA-TV, having been the station's political analyst since 1994.
In September 2001 Jon joined KDKA full time as the Money & Politics Editor and this region’s only political analyst who covers national and local...